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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00235 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ESTABLISHING A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE
FLAGLER STREET SPECIAL ASSESSMENT DISTRICT; AUTHORIZING THE LEVY
AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF ONE (1)
YEAR PURSUANT CHAPTER 170, FLORIDA STATUTES (2013); PROVIDING FOR
NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS
OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS;
PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND
DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR,
AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH
THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND
PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS
RESOLUTION IN ACCORDANCE WITH CHAPTER 170 FLORIDA STATUTES.
WHEREAS, Chapter 170, Florida Statutes (2013), provides that a municipality may levy and collect
special assessments against property benefited for the purpose of providing for the construction,
reconstruction, repair, paving, repaving, hard surfacing, rehard surfacing, widening, guttering, and
draining of streets, boulevards, and alleys; for grading, regrading, leveling, laying, relaying, paving,
repaving, hard surfacing, and rehard surfacing of sidewalks; and in connection with any of the
foregoing, provide related lighting, landscaping, street furniture, signage, and other amenities as
determined by the governing authority of the municipality; order the construction, reconstruction,
repair, renovation, excavation, grading, stabilization, and upgrading of sanitary sewers, storm sewers,
and all or part of a comprehensive stormwater management system, including the necessary
appurtenances and structures thereto and including, but not limited to, dams, weirs, and pumps; order
the construction or reconstruction of water mains, water laterals, including the necessary
appurtenances thereto; pay for the relocation of utilities, including the placement underground of
electrical, telephone, and cable television services ("Work"); and
WHEREAS, the City of Miami ("City") and the property owners abutting Flagler Street in Downtown
Miami, Florida, have determined that the most appropriate means of performing the Work to improve
Flagler Street is the establishment of a special assessment district to be known as the Flagler Street
Special Assessment District ("Flagler Street District"); and
WHEREAS, the special assessment district concept is based on a partnership between the City
and property owners, with funding to be generated by a special assessment to be levied on property
owners within a specified geographic area for the purpose of funding the Work; and
WHEREAS, the boundaries of the proposed Flagler Street District are as follows:
The eight hundred (800) lots and lands on "Exhibit A", attached and incorporated by this
reference, adjoining and contiguous or bounding and abutting upon Flagler Street between
Biscayne Boulevard and Northwest First Avenue, as designated by the assessment plat
hereinafter provided in "Exhibit D", attached and incorporated by this reference; and
City of Miami Page 1 of 4 File Id: 14-00235 (Version: 1) Printed On: 3/18/2014
File Number: 14-00235
WHEREAS, the City Commission hereby finds that the assessment has been fairly and reasonably
apportioned amongst the properties that will receive the special benefit;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Pursuant to the provisions of Chapter 170, Florida Statutes (2013), a special
assessment is hereby authorized to be levied and collected and a special assessment district to be
known as the Flagler Street Special Assessment District ("Flagler Street District"), is hereby created
for a period of one (1) year, with boundaries to be as set forth in "Exhibits A-1 ", attached and
incorporated by this reference, for the purpose of providing for the construction, reconstruction, repair,
paving, repaving, hard surfacing, rehard surfacing, widening, guttering, and draining of streets,
boulevards, and alleys; for grading, regrading, leveling, laying, relaying, paving, repaving, hard
surfacing, and rehard surfacing of sidewalks; and in connection with any of the foregoing, provide
related lighting, landscaping, street furniture, signage, and other amenities as determined by the
governing authority of the municipality; order the construction, reconstruction, repair, renovation,
excavation, grading, stabilization, and upgrading of sanitary sewers, storm sewers, and all or part of a
comprehensive stormwater management system, including the necessary appurtenances and
structures thereto and including, but not limited to, dams, weirs, and pumps; order the construction or
reconstruction of water mains, water laterals, including the necessary appurtenances thereto; pay for
the relocation of utilities, including the placement underground of electrical, telephone, and cable
television services ("Work").
Section 3. The total estimated cost of the Work, as detailed in "Exhibit B", attached and
incorporated by this reference, is approximately Ten Million Dollars to Twelve Million Dollars
($10,000,000.00 to $12,000,000.00), One Million Dollars ($1,000,000.00) of which is to be funded by
the proposed special assessments, and the remainder to be funded in equal parts by the City and
Miami -Dade County.
Section 4. The special assessment shall be levied in accordance with the applicable provisions of
Chapter 170, Florida Statutes, for the purposes of defraying a portion of the costs of Work, and based
upon the assessment methodology as set forth in "Exhibit C", attached and incorporated by this
reference.
Section 5. The assessment shall be payable to the Finance Director of the City on such date as
shall be contained in a bill to be mailed to each property owner within the Flagler Street District at least
thirty (30) days prior to the due date, and at least thirty (30) days following the confirmation by the
Commission of the Final Assessment Roll, as more specifically set forth in "Exhibit B-1", assessments
not paid when due shall become due and payable in accordance with statutory provisions and shall
remain liens, coequal with the lien of all state, county, district, and municipal taxes, superior in dignity
to all other liens, titles, and claims, until paid, and shall bear interest, at such rate or rates as specified
in Section 170.09, Florida Statutes.
Section 6. The levying of the assessment shall be contingent upon receipt of a funding
commitment from Miami -Dade County.
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Section 7. The proposed Flagler Street District area upon which the special assessments shall be
levied, shall incorporate the total area set forth in the map attached as "Exhibit A-1" and shall reflect
the geographic boundaries adjoining and contiguous or bounding and abutting upon Flagler Street
between Biscayne Boulevard and Northwest First Avenue.
Section 8. The special assessment shall be levied and collected for a one (1) year period and
another resolution of the City Commission would be required prior to the termination of such one (1)
year period to determine whether to continue the special assessment or include additional properties in
the district or change the boundaries of the district.
Section 9, In accordance with Chapter 170, Florida Statutes, there is on file with the City Clerk at
the time of the adoption of this Resolution, an assessment plat showing the area to be assessed, with
plans and specifications, and an estimate of the cost of the Work, which shall be open to inspection by
the public.
Section 10. In accordance with Chapter 170, Florida Statutes, there is on file with the City Clerk
at the time of the adoption of this Resolution, a Preliminary Assessment Roll showing the Tots to be
assessed, the amounts of benefits to the properties to be assessed, and the assessments against
each lot, which shall be considered at a future duly advertised Public Hearing to be held by the City
Commission, at a time and place to be set in a separate Resolution, at which time the City
Commission shall hear as an equalizing board all parties in regard to the proposed assessment, and
after making any adjustments that the City Commission may deem appropriate, the Final Assessment
Roll will be confirmed by a Resolution of the City Commission.
Section 11. This Resolution herein creating a special assessment district shall be advertised
following its adoption.
Section 12. The City Manager, the City Clerk, the Finance Director, and other necessary City
officials, after consultation with the City Attorney, are authorized{1 } and directed to undertake all
necessary actions and procedures to take such actions as contemplated by this Resolution.
Section 13. This Resolution shall become effective immediately upon its adoption herein and
signature of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
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Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
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